Terms & Conditions

[jamcon]

Are Electoral Registration Officers allowed to use HB/CTB records when compiling the electoral register? Regulation 35 of the Representation of the People Regulations 2001 state:-

Registration officer’s right to inspect certain records
35. – (1) A registration officer is authorised to inspect, for the purpose of his registration duties, records kept (in whatever form) by –
(a) an authority listed in paragraph (2) below, or

(b) any person providing services to, or authorised to exercise any function of, any such authority.

(2) Those authorities are –
(a) the council by which he was appointed; and

(b) any registrar of births and deaths.

(3) A registration officer is authorised to make copies of information contained in such records.

On the face of it, it would appear there is no reason why HB/CTB records shouldn’t be made available for this purpose, but I’m interested to hear anyone’s opinion.

[Anonymous]

It does seem like they can access HB records. I just wonder about the FOI act??

If memory serves anyone can ask for their name to be left off the public version of the electoral roll if they believe giving away their address could put them in danger. Would the ERO, after getting the info from the HB section, check with the claimant to see if they were OK to be on the roll?

[Mikeb2]

Sounds fine to me… 😕

Why do you seem to infer that it might not be ok?

Even under article 8 of the Human Rights act gives scope for information to be released:

[quote:859f48168d]• In accordance with law; and
• In the interests of the legitimate objectives identified in Article 8(2); and
• Necessary in a democratic society.[/quote:859f48168d]

[Anonymous]

Mike, my reasoning was that in the UK it is legal to not vote. As is see it if a person doesn’t return the form to the Council when it arrives every year it is arguable that they have made the decision that they don’t want to vote.

In that case if the ERO gets info from other parts of the council then they may be putting someone on the electoral roll who may have made a conscious decision that they didn’t want to be there.

[Anonymous]

I thought that you had a statutory duty to be on the Electoral Roll, being on it only entitles you to vote, it doesn’t force you too.

[Kevin D]

Although there is a right not to vote; there is no right to avoid the electoral register – entry is mandatory.

Regards

[Mikeb2]

[quote:f3775d995c]entry is mandatory[/quote:f3775d995c]

Sounds right to me Mr D.

I do know people who avoided the electoral role for many years to avoid poll tax…naughty.

[Anonymous]

Whoops 😳

Just checked with our eletoral registration and I was wrong.

One point though, I was advised that it is mandatory IF you are eligible to vote. I wonder how the ERO could work out from HB records who’s eligible or not?

[Author]

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